Terms of Service

PLEASE READ CAREFULLY. These Terms include a binding arbitration agreement and class action waiver in Section 16 that affect your legal rights. By using our Services, you agree to these Terms.

1. Introduction & Acceptance

Welcome to Vested Gifts. These Terms of Service ("Terms") form a binding contract between you and Vested Gifts, based in Phoenix, Arizona ("Vested," "we," "us," or "our"), and govern your access to and use of our website at vestedgifts.com, our mobile experiences, and any related services, features, content, or applications we offer (collectively, the "Services").

By creating an account, completing a purchase, submitting a pledge, claiming a Book, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years of age and legally able to enter into a binding contract to use the Services. The Services are not directed to children under the age of 13, and we do not knowingly collect personal information from anyone under 13. By using the Services, you represent and warrant that:

• You are at least 18 years old;
• The information you provide is accurate and complete;
• Your use of the Services will not violate any applicable law or regulation;
• If you claim a Book on behalf of a child recipient, you are the parent or legal guardian of that child and have authority to do so; and
• You are not located in, under the control of, or a national or resident of any country or jurisdiction subject to U.S. sanctions.

3. What Vested Is — and What It Is Not

Vested is an e-commerce merchant and pledge-coordination platform. We sell physical goods (such as baby apparel and Book cards), and we provide a software service that allows gift-givers ("Pledgers") to record non-binding promises of future gifts to a child recipient and that allows parents or guardians to link those promises to a third-party custodial brokerage account that they control.

Vested is NOT:

• A bank, trust company, or depository institution;
• A money transmitter, money services business, or payment processor;
• A broker-dealer, investment adviser, or financial planner;
• A custodian, escrow agent, or fiduciary;
• A gift card issuer or seller of stored-value products;
• An insurance company, tax preparer, or legal services provider;
• An affiliate, agent, or representative of Robinhood Markets, Inc., Robinhood Financial LLC, Robinhood Securities LLC, or any other brokerage firm.

Vested does not accept, hold, transmit, manage, or disburse any funds, securities, or other monetary value on behalf of any user. All financial transactions related to a pledge occur exclusively between the Pledger and a third-party brokerage account selected and controlled by the recipient's parent or guardian. No statement made on the Services constitutes investment, tax, legal, or financial advice.

4. The Services

4.1 Storefront

We sell physical goods through our website, with checkout and payment processing provided by Shopify. When you purchase a physical good, Vested or its fulfillment partner will ship that good to you. The price you pay at checkout covers only the physical good and any applicable taxes and shipping; no portion of your purchase price funds a pledge.

4.2 Book

The "Book" is a private webpage we create for each recipient, on which Pledgers can record non-binding messages and promises and on which the recipient's parent or guardian (the "Custodian") can post updates and provide a link to a third-party brokerage gifting feature.

4.3 Pledges

A "Pledge" is a record of a Pledger's stated intent to send a future gift — typically cash or a small dollar value to be used to buy stock — to the recipient through a third-party custodial brokerage account. Pledges are not charged at the time they are created. No funds are collected, held, escrowed, or transmitted by Vested at any time.

4.4 Reminders

We may send transactional emails (and, where you have separately opted in, SMS messages) reminding Pledgers of their stated Pledges and informing Custodians of activity on their Book. You may opt out of marketing communications at any time; see Section 11.

5. The Nature of a Pledge (IMPORTANT)

A Pledge is a non-binding, gratuitous expression of intent. It is not a contract, a payment, a deposit, a reservation, a gift card, an account, a security, or a guarantee.

By creating a Pledge, you:

• Acknowledge that no funds are being charged, collected, held, or transmitted by Vested;
• Understand that Vested makes no guarantee, warranty, or representation that your Pledge will be fulfilled, in whole or in part, by you or anyone else;
• Agree that Vested has no obligation to enforce, collect, recover, or follow up on any Pledge;
• Agree that no contractual obligation arises between you, the recipient, the Custodian, or Vested by virtue of recording a Pledge;
• Acknowledge that the actual gift, if any, is made directly by you to the Custodian's third-party brokerage account, on terms you and the Custodian arrange privately;
• Are solely responsible for any tax, legal, or financial consequences of any gift you choose to make, including any U.S. federal gift tax under Internal Revenue Code § 2503 or state equivalent.

If you receive a Pledge directed to a child for whom you are a parent or guardian, you acknowledge that Vested has no obligation to ensure the Pledge is fulfilled and that any communication or recovery is solely between you and the Pledger.

6. Third-Party Brokerage Services (Robinhood and Others)

Vested provides a software layer that allows a Custodian to paste a publicly accessible gifting link generated by a third-party brokerage (such as Robinhood's custodial gifting feature) into the Book, so that Pledgers can use that link to send gifts directly through the brokerage's own platform.

6.1 Independence

Vested is an independent company. Vested is not affiliated with, controlled by, or under common ownership with Robinhood Markets, Inc., Robinhood Financial LLC, Robinhood Securities LLC, or any other brokerage firm. "Robinhood" and other brokerage names and logos are trademarks of their respective owners and are used here only to identify the brokerage to which a Custodian or Pledger may choose to direct activity.

6.2 What the Brokerage Provides — Not Vested

• All brokerage, custodial, gifting, and account services are provided exclusively by the third-party brokerage under that brokerage's own terms, conditions, agreements, and disclosures, which you must read and agree to separately.
• Vested does not effect securities transactions, hold securities, hold funds, provide investment advice, or act as a fiduciary, broker, dealer, investment adviser, or custodian.
• Vested does not control, recommend, or guarantee any third-party brokerage, the availability or terms of any gifting feature, the security of any account, the execution of any transaction, the tax treatment of any gift, or any associated fees.
• Any dispute related to a brokerage account or transaction must be raised directly with the relevant brokerage.

6.3 Affiliate Compensation — Material Connection Disclosure

Vested participates in Robinhood's affiliate program. If you open and/or fund a Robinhood account through a link on the Services, Vested may receive a referral payment from Robinhood. Those payments are flat referral fees and are not based on (a) any securities transactions you do or do not execute, (b) the size of your account, (c) the assets you hold, or (d) any trading activity. Vested does not share in commissions, fees, spread, payment for order flow, or asset-based revenue.

This is a material connection as that term is used in the Federal Trade Commission's Endorsement Guides (16 C.F.R. Part 255). It may influence the way Vested presents Robinhood. You should consider that influence when deciding whether to open a Robinhood account.

For more detail, see our Affiliate Disclosure and Third-Party Brokerage Disclosure.

6.4 No Recommendation; No Advice

The presence of a Robinhood option, link, or reference on the Services is not a recommendation that you open a Robinhood account, purchase any security, or pursue any particular investment strategy. Vested does not assess the suitability of Robinhood (or any brokerage) for your circumstances. You should evaluate Robinhood's terms, fees, and services, and consult an independent financial, tax, or legal advisor, before opening any brokerage account.

7. Accounts & Security

To use certain features, you may need to create an account or authenticate via a magic link sent to your email. You agree to:

• Provide accurate, current, and complete information;
• Maintain the confidentiality of any authentication link or credential;
• Promptly notify us at support@vestedgifts.com of any suspected unauthorized access;
• Be responsible for all activity that occurs through your account or authenticated session.

We may suspend or terminate accounts that we reasonably believe to be inactive, fraudulent, abusive, or in violation of these Terms.

8. Purchases, Pricing & Taxes

8.1 Pricing

All prices are listed in U.S. dollars. We may change prices at any time, but changes will not affect orders already placed.

8.2 Taxes

You are responsible for all applicable sales, use, value-added, gift, or other taxes associated with your purchase or with any Pledge you elect to fulfill. Sales tax on physical goods will be calculated and collected by Shopify at checkout where required.

8.3 Payment

Payment for physical goods is processed by Shopify or another third-party payment processor. Vested does not store full payment card numbers. Your use of any payment processor is subject to that processor's terms.

8.4 Errors

If we discover a pricing or product error, we reserve the right to cancel the affected order and refund any amount charged.

9. Shipping, Returns & Refunds

Shipping, returns, and refunds for physical goods are governed by our Shipping, Returns & Refunds Policy, which is incorporated by reference. Consistent with the FTC's Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435), we will ship within 30 days of order acceptance unless otherwise stated at the time of purchase.

A refund of a physical good does not refund, cancel, or alter any Pledge, because no Pledge funds are ever held by Vested. Any Pledge can be removed by the Pledger at any time at no cost.

10. User Content & the Book

10.1 User Content

Any content you submit to the Services — including Pledge amounts, notes, photos, names, and any other material — is "User Content." You retain ownership of your User Content.

10.2 License to Vested

You grant Vested a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, and use your User Content solely for the purpose of operating and improving the Services, including delivering Books to the Custodian and authorized Pledgers. We will not sell your User Content or use it in advertising without your explicit consent.

10.3 Your Representations

You represent and warrant that your User Content does not violate these Terms, our Acceptable Use Policy, or any law, and that you have all rights necessary to grant the license above.

10.4 Removal

We may remove or restrict access to User Content that we reasonably believe violates these Terms, our policies, or any law, with or without notice. If you believe content infringes your copyright, see our DMCA Policy.

10.5 Recipient Information

If you provide information about a child (such as a first name or photograph) as part of a Book, you represent that you are the parent or legal guardian of that child or have obtained appropriate authorization. We treat information about children with heightened care; see our Privacy Policy.

11. Communications

11.1 Transactional Communications

You agree that we may send you transactional emails (such as order confirmations, shipping notices, Pledge confirmations, Book claim links, security alerts, and policy updates) for as long as you have an active account, an active Pledge, or an active Book. These are necessary to operate the Services and are not marketing.

11.2 Marketing Email

We will send marketing email only if you opt in. You can unsubscribe at any time via the link in any marketing email. We comply with the federal CAN-SPAM Act, 15 U.S.C. §§ 7701–7713.

11.3 SMS

We send SMS messages only if you separately consent. Standard message and data rates may apply. Reply STOP to cancel, HELP for help. See our SMS Terms.

12. Acceptable Use

You agree not to:

• Use the Services in violation of any law, regulation, or third-party right;
• Use the Services to harass, defraud, impersonate, or harm any person;
• Attempt to reverse-engineer, scrape, or interfere with the Services or any user's session;
• Use the Services to send unsolicited communications or spam Pledges to other users;
• Attempt to extract, sell, or transfer authentication links, magic-link tokens, or other credentials;
• Use any automated means (bots, crawlers) to access the Services except for publicly permitted indexing;
• Misrepresent your identity, your relationship to a recipient, or the source of any Pledge.

Additional restrictions are in the Acceptable Use Policy. Violations may result in account suspension or termination and may be reported to law enforcement.

13. Intellectual Property

The Services, including all text, graphics, logos, software, and other content (other than User Content), are owned by Vested or its licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes consistent with these Terms.

"Vested Gifts," the Vested logo, and related marks are trademarks of Vested. You may not use them without our prior written consent.

14. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference. The Privacy Policy describes the personal information we collect, how we use and share it, and the rights you may have under applicable law (including the California Consumer Privacy Act, Virginia Consumer Data Protection Act, and similar state laws).

15. Disclaimers; Limitation of Liability

15.1 "AS IS"

THE SERVICES, INCLUDING ALL CONTENT AND USER CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, VESTED DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES; THAT PLEDGES WILL BE FULFILLED; OR THAT ANY THIRD-PARTY BROKERAGE WILL OPERATE OR REMAIN AVAILABLE.

15.2 No Financial, Tax, or Legal Advice

NOTHING ON THE SERVICES CONSTITUTES INVESTMENT, FINANCIAL, TAX, OR LEGAL ADVICE. CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING ANY FINANCIAL DECISION.

15.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VESTED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF VESTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VESTED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID VESTED FOR PHYSICAL GOODS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply to liability that cannot be excluded under applicable law (e.g., gross negligence, willful misconduct, or fraud).

15.4 Third-Party Services

Vested is not responsible for any act, omission, or service of any third party, including any third-party brokerage, payment processor, fulfillment partner, carrier, or website linked from the Services.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

16.1 Informal Resolution

Before initiating arbitration, you and Vested agree to attempt to resolve any dispute informally for at least 60 days. Send a written notice to support@vestedgifts.com describing the dispute and the relief you seek.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be Maricopa County, Arizona, though hearings may be conducted remotely or in your county of residence at your request. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

16.3 Class Action Waiver

YOU AND VESTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Carve-Outs

Notwithstanding the above, either party may bring (a) an individual claim in small-claims court if the claim qualifies, and (b) an action in court to enjoin infringement or other misuse of intellectual property.

16.5 30-Day Opt-Out

You may opt out of this arbitration agreement by sending a written notice to support@vestedgifts.com within 30 days of first accepting these Terms. The notice must include your name, mailing address, the email associated with your account, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.

16.6 California Severability

If the class-action waiver in Section 16.3 is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in court, and the remainder of the arbitration agreement will remain in force. This provision is intended to comply with McGill v. Citibank, 2 Cal. 5th 945 (2017).

16.7 Survival

This Section 16 survives termination of these Terms.

17. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 16. Subject to Section 16, any action that may be brought in court must be brought in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.

18. Termination

You may stop using the Services at any time and may request account deletion via support@vestedgifts.com. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Sections that by their nature should survive (including Sections 3, 5, 10.2, 13, 15, 16, 17, 18, and 21) will survive termination.

19. Modifications

We may modify these Terms at any time. If we make material changes, we will provide notice (for example, by email or a prominent notice on the Services) at least 14 days before the changes take effect. Continued use after the effective date constitutes acceptance. Material changes to Section 16 (arbitration) require your affirmative re-acceptance.

20. Force Majeure

Vested will not be liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, supplier failures, internet or carrier outages, or governmental actions.

21. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy and any policies incorporated by reference, constitute the entire agreement between you and Vested.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No Waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Headings. Section headings are for convenience and do not affect interpretation.
• Notices. We may give notice to you via the email address associated with your account or by posting on the Services. You may give notice to us at support@vestedgifts.com.
• Language. These Terms are provided in English. Any translation is for convenience only.

22. Contact

Vested Gifts Attention: Legal [REGISTERED AGENT ADDRESS — DO NOT USE HOME ADDRESS] Phoenix, Arizona [ZIP] Email: support@vestedgifts.com

For DMCA notices, see our DMCA Policy. For privacy questions, see our Privacy Policy.